Docket No: 11066-18 Ref: Signature date Dear This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 26 August 2019. The names and votes of the members of the panel will be furnished upon request. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. You enlisted in the Navy and began a period of active duty on 19 December 1955. On 10 May 1957, you received nonjudicial punishment (NJP) for failure to obey orders and were awarded extra duties. On 26 August 1957, you received a second NJP for improper performance of duty and were awarded extra duties. On 25 September 1957, you were convicted by summary court-martial for false official statements and sentenced to 14 days confinement. On 9 November 1957, you began a period of unauthorized absence (UA) that continued until 10 November 1957. On 13 December 1957, you received a third NJP for UA and were awarded 7 days confinement. On 28August 1958, you were convicted by special court-martial (SPCM) for both UA and disobeying orders, resulting in three months forfeiture of pay and confinement. On 7 April 1959, you received a fourth NJP for drinking in public and were awarded extra duties. On 27 May 1959, you were convicted by SPCM for UA and consuming alcohol in a public place, resulting in three months confinement, forfeiture of pay, reduction in rank, confinement, and a six month suspended bad conduct discharge (BCD). On 4 August 1959, the unexecuted portion of your confinement was remitted. On 10 August 1959, the reduction in rank and BCD were remitted. On 30 November 1959, you were convicted by SPCM for missing movement through neglect and sentenced to four months confinement. On 26 January 1960, you were referred to a psychiatric evaluation because of poor service adjustment. You reported feeling anxious, feeling depressed, having suicidal ideations, and admitted to recreational marijuana use. You were diagnosed with passive-aggressive reaction; manifested in the inability to accept criticism, low threshold of frustration, and propensity to distort reality. The medical officer noted that your impairment for further service was marked and that you would continue to be a source of trouble if you continued in the service. On 27 January 1960, you were referred to an administrative screening board (ASB) and elected not to make a statement; the ASB recommended a general discharge. On 12 February 1960, your CO recommended a general (under honorable conditions) discharge for reason of unsuitability due to character and behavior disorders. On 8 March 1960, the Chief of Naval Personnel (CNP) approved separation with an undesirable discharge by reason of unfitness. CNP advised that since this action would be less favorable than that recommended by the CO, you had to be afforded an opportunity to request, or waive, your rights. Your record contained no evidence that you contested the undesirable discharge. On 25 March 1960, you signed a page 13 entry acknowledging your undesirable discharge by reason of unfitness (with final averages for professional performance of 2.7 and military behavior of 2.6) and were discharged under other than honorable (OTH) conditions. You requested the Board upgrade your discharge to general (under honorable conditions). You asserted the OTH characterization is wrong and conflicts with documents in your record. You claimed your BCD was “overruled and suspended,” and the error is preventing you from obtaining Department of Veterans Affairs (VA) benefits. Under the presumption of regularity, absent substantial evidence to the contrary, the Board presumed that all officials acted appropriately, in good faith, and according to law and regulation. The Board found insufficient evidence of an error with regard to your discharge and characterization of service. Additional documents contained in your record show that CNP determined your discharge would be OTH and you were advised of this decision prior to your discharge. It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.